A semi-truck driver crashes their vehicle into yours, resulting in an injury. At this point, you could have grounds for a personal injury lawsuit. To find out, consult with a Beaufort semi-truck accident lawyer to discuss your legal options.
For more than a decade, the Shelly Leeke Law Firm has provided legal guidance and support to those who suffer personal injuries due to no fault of their own. Let our Beaufort truck accident lawyer review your case. Contact us today to get started.
How to Deal with a Semi-Truck Accident
You may be in shock after an accident involving a semi-truck. Regardless, it is in your best interests to call 911, which will bring medical professionals and police officers to the accident scene. Go to the hospital and speak with the police, as this could help you and your Beaufort personal injury lawyer if you decide to file a claim against the liable party.
If you can, collect accident scene photos and videos since this will give you evidence you can use in a personal injury lawsuit. Also, get the truck driver’s contact and insurance information. Otherwise, you may not be able to submit a request for compensation to cover your accident-related losses.
Along with these things, get in touch with a Beaufort semi-truck accident attorney in the days that follow. The Shelly Leeke Law Firm has helped truck accident victims and many others get outstanding case results. Schedule a free case evaluation with our personal injury lawyer.
Who Is Responsible for a Semi-Truck Accident
In many instances, a trucker or their employer is 100% at fault for a truck accident. However, there are other parties that could be held partly or fully responsible for an accident. These include:
- Cargo loader
- Government entity
- Truck manufacturer
- Truck mechanic
To determine liability, meet with a semi-truck accident lawyer in Beaufort, and they can look at the facts of your case in detail. Your attorney can provide a breakdown of negligence laws in South Carolina. They can work with you to build an argument to prove an at-fault party was negligent.
How to Prove Negligence
A semi-truck accident attorney in Beaufort can explain how South Carolina’s negligence laws impact claim value. They want to prove you are in no way liable for your accident. To accomplish this goal, your lawyer will craft an argument designed to show the following elements of negligence were present when your accident occurred:
- Duty of Care: A party was expected to act in a cautious and reasonable manner toward you.
- Breach of Duty of Care: The party chose to act recklessly and carelessly and put you in danger.
- Causation: Due to the party’s actions, you were involved in an accident and got hurt.
- Damages: You face quantifiable and subjective losses as a result of the party’s actions.
Saying someone is liable for your accident and actually proving this to a judge or jury are two very different things. Ideally, you will have accident scene photos and videos, black box data, and other proof to support your argument. If you have an abundance of evidence, you may have no trouble showing a judge or jury that you deserve full damages.
Semi-Truck Accident Damages
You can request economic and non-economic damages relating to your accident. A judge or jury awards economic compensation for quantifiable losses and non-economic damages for subjective harm. Reasons why a judge or jury will provide damages include:
- Car repair or replacement
- Emotional distress
- Loss of enjoyment
- Lost wages
- Medical bills
- Pain and suffering
Your lawyer can explain what compensatory damages are and how we calculate your losses. They may encourage you to ask for economic and non-economic damages. After your attorney determines your losses, they can file your claim in accordance with South Carolina’s statute of limitations.
When to Submit a Claim
Per South Carolina Code §15-3-530, the statute of limitations for a personal injury claim is three years. Following your semi-truck accident, you may have up to three years to seek damages from an at-fault party. You may not be able to ask for compensation from a liable party after this window closes.
Your Beaufort semi-truck accident attorney can submit your claim before you run out of time to do so. Initially, you may ask for compensation through an insurance claim. You also have the option to pursue damages through a lawsuit.
When you file a claim, you have the opportunity to negotiate a settlement. For example, the defendant in your case may have concerns about the strength of your argument. This may lead the defendant to offer a settlement, which you can review with your semi-truck accident lawyer in Beaufort.
Semi-Truck Accident Wrongful Death
A family member can die in an accident involving a semi-truck, and the incident may be the result of another party’s negligence. It is devastating to lose a member of your family, and the consequences of their death can be significant. You may not consider the financial ramifications of your loss, and a Beaufort wrongful death lawyer can assist you during this challenging time.
Based on South Carolina Code §15-51-20, you can submit a wrongful death claim if you are the child, spouse, sibling, or another surviving family member of a deceased person (decedent). You may also be able to file a claim if you are a personal representative of a decedent. A Beaufort semi-truck accident lawyer can help you determine your eligibility for seeking damages.
In a death claim, you can ask for damages relating to a deceased person’s burial and funeral expenses, medical bills, pain and suffering, and other losses. Your lawyer can keep you updated as they prepare for your trial. Meanwhile, you and your family can continue to take care of yourselves as your attorney advocates for you and protects your legal rights.
Get Legal Help with Your Case from an Experienced Semi-Truck Accident Lawyer in Beaufort
If you are worried about how you will pay your medical bills and other costs associated with your semi-truck accident, the Shelly Leeke Law Firm can help you out. We can take a look at your case and help you determine if now is the right time to file your claim. Contact us today to request a free consultation.
